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RILEY v. DEPARTMENT OF CORRECTIONS

No. 92-1087.

605 So.2d 571 (1992)

Scott T. RILEY, Appellant, v. DEPARTMENT OF CORRECTIONS, et al., Appellees.

District Court of Appeal of Florida, First District.

September 25, 1992.

Attorney(s) appearing for the Case

Scott T. Riley, pro se, appellant.

Louis A. Vargas and Elaine D. Hall, Tallahassee. Department of Corrections, and Robert A. Butterworth, Atty. Gen., for appellees.

PER CURIAM.

This court will treat appellee's motion for relinquishment of jurisdiction as a confession of error that summary denial of the petition for writ of mandamus was error. See, e.g., Pure Fresh Enterprises, Inc. v. Division of Alcoholic Beverages and Tobacco, 519 So.2d 676 (Fla. 1st DCA 1988). Accordingly, the order on appeal is reversed and remanded for further proceedings.

JOANOS, C.J., and ERVIN and BARFIELD...

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